Legal Opinion

French v. Reel

Supreme Court of Iowa

Decided June 9, 1883PublishedCited by 2 opinions

Appeal from Pottawattamie District Gov/rt. The plaintiff claims of the defendants $2,000 for tlie alleged wrongful seizure and conversion of a stock of goods, of which tbe plaintiff alleges be is the owner.

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Appeal from Pottawattamie District Gov/rt. The plaintiff claims of the defendants $2,000 for tlie alleged wrongful seizure and conversion of a stock of goods, of which tbe plaintiff alleges be is the owner. The defendants allege that the defendant, Eeel, is sheriff of Pottawattamie county, and the defendant, JBeswick, was acting ás his deputy; that the defendant, Beswick, levied a writ of attachment upon said goods as the property of ITarter & Claus, at the suit of Field, Leiter & Co., and that Harter & Claus, without consideration, delivered said goods to the plaintiff for the fraudulent…

1Opinion of the CourtDay, J.

— The abstract shows that the plaintiff, to sustain the issues on his part, introduced evidence tending to show that on the second day of February, 1880, and at the time of the alleged trespass, he-was the owner, and in possession of the goods in controversy, at Avoca.

The defendants upon their part introduced evidence tending to show that Harter & Olaus, a co-partnership theretofore doing business at Des Moiues, Iowa, were the real owners of the goads in controversy at the date of the alleged trespass, and that said French was acting as their agent merely, in possession.. That he had paid…

2Cases cited3 opinions

  1. Stuart v. PhelpsSupreme Court of Iowa · 1874
  2. McNorton v. AkersSupreme Court of Iowa · 1868
  3. Rutledge v. EvansSupreme Court of Iowa · 1860

3Cited by2 opinions

  1. State v. MathesonSupreme Court of Iowa · 1905
  2. Shoaff v. GageDistrict Court, D. Nebraska · 1958

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